__________________________________________________, herein known as client, conducting business at _______________________________________________,
is engaging Vladimir Allen Toman, herein known as studio9, conducting business at 436 Woodland Dr., Swansboro, NC 28584as an independent freelance web designer and web site developer, on this date of _____________________________________,
for the specific purpose of web design and web site development as is described here within:
Project Description
Project description is detailed here. The specifics along with the schedule of payments is detailed below, showing the phases of the project.
Authorization
Client authorizes and grants permission to studio9 unconditional access to client's web host for the entire engagement of this contract for the sole purpose of uploading approved files for the client's web sites and file maintenance.
Client authorizes studio9 to collaborate with and discuss this project with third party developers only for the sole purpose of carrying out and completing this project as intended if and when necessary.
Client authorizes studio9 to reference client's web sites to perspective clients of studio9 giving consideration that said perspective clients are not in direct competition with client.
Client Responsibility
Client is responsible for providing all content. Content consists of text and text copy, images, graphics, pictures, multimedia, including audio and video, and company logo and slogan(s), and anything else that may be considered appropriate viewable material. All content shall be provided in digital format that is web-ready.
Studio9 can provide content for a fee to be determined at the time of the request of said content by the client. Said work shall be a part of this agreement.
All content shall be web-ready unless otherwise specifically expressed within this agreement. All content shall be applied to the web site as provided.
Client is responsible for the copyrights to all content, obtaining permissions of use, and shall indemnify studio9 from any copyright violations and resultant litigation with respect to copyrights and content.
Client is responsible for the validation and accessibility of all third party script.
Client is responsible for providing content, decisions, signing off, and payment in a timely fashion so as not to delay the project (see Termination).
Client shall secure and provide an UNIX based web host server capable of PHP 4.0 (minimum) and any other required functionality to successfully host any/all work provided by studio9 to client for this web site.
Studio9 Responsibility
Studio9 is responsible to provide client with validated html and css script respective of the W3C (World Wide Web Consortium) as it can be validated by client at http://validator.w3.org/
Studio9 shall attempt to validate third party script or software to the extent possible, however, remains the responsibility both client and of said third party, is not guaranteed by studio9, and remains as the decision, on the part of the client, to retain said third party script.
Studio9 shall provide and adhere to Section 508 (29 U.S.C. ‘ 794d ) as interrupted by Studio9, unconditionally, to give disabled web site viewers access to information that is comparable to the access available to others within the expressed limitations placed by the client.
Studio9 is responsible to provide client with each phase of the project as fully disclosed here within.
Studio9 is responsible to advise client of any detriments to this project, as best known to studio9, prior to cause of or inclusion of said detriments.
Studio9 is responsible for and retains the copyrights to all of its design and development elements, excluding third party or client provided content and scripts.
Studio9 shall shall indemnify the client from any copyright violations and resultant litigation with respect to said elements of design and development provided by Studio9.
Assignment
Studio9 remains the rightful owner of said project until client remits and studio9 receives the final payment of the effected part of this project within this agreement at which time the project shall be published on the client's web host server on the W.W.W. and at that time becomes the lawful property of client respective of the copyright of any/all graphics and script retained by studio9.
Termination of this agreement by client prematurely to final payment causes said effected part of this project within this agreement to be the rightful property of studio9.
Termination of this agreement by studio9 prematurely to final payment causes said effected part of this project within this agreement to be the lawful property of client if payment of same has been received.
Studio9 shall provide client with all applicable digital files and work finished prior to termination.
Studio9 reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion with prior notification to client.
Third Party
Client is responsible to compensate studio9 for any/all third party software or services prior to said software and/or services being provided. Client is responsible for the cost of the software or service plus any handling and shipping and taxes.
Refund Policy
Studio9 shall only refund that portion of prepayment that has not already been expended less any/all expenses incurred to complete that portion of this project for which the prepayment applies.
Termination
This agreement terminates if there is a period of 10 consecutive days of no activity or active participation in this project by either the client or studio9 respective of all terms within this agreement.
This agreement terminates by written notice from either the client or studio9 respective of all terms within this agreement.
Sole Agreement
The agreement contained within this Website Design Contract constitutes the sole agreement between studio9 and client. Any additional work not specified in this contract must be authorized by a written change order, acknowledged by both client and studio9, prior to commencement of work. Said change order shall follow the terms of payment as covered herein, and shall become a part of this contract upon acknowledgment.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend studio9 and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyrights and Trademarks
Client represents to studio9 and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to studio9 for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend studio9 and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Studio9 retains copyright to any/all script and content generated solely by studio9. Client is assigned rights and privileges to use said script and content for the specific purpose for which it was intended on said web site covered by this agreement and for the duration of said use, as long as the web site remains in publication and said copyright remains on said web site.
Warranty
Studio9 does not warrant that the functions contained in these web pages or the website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with client. In no event will studio9 be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site, even if studio9 has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Payment
All payments are to be in U.S. Currency known as USD in the form of personal or business check or by Paypal or Google checkout. Receipt of payment means confirmation by the banking institution of available funds.
Default payment such as canceled or insufficient funds requires thereafter a certified instrument of payment. Charges for returned checks is $30.00 due net charge.
Payment can be made using credit/debit card via PayPal or Google Checkout with remittance to atoman@ec.rr.com otherwise either a link to a PaYPal or Google Checkout button shall be provided or a PayPal or Google Checkout email invoice shall be sent.
Client is responsible for and shall compensate studio9 for any incurred payment handling fees and expenses.
Studio9 neither collects nor stores client bank account numbers or credit/debit card numbers off-line or on-line.
All check or money order payments are payable to:
Al Toman
436 Woodland Dr.
Swansboro, NC 28584-9418
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. Client can electronically sign this contract at _____________________ .
___________________________________ Date ________________
On behalf of client (authorized signature)
____________________________________Date _______________
On behalf of studio9 (authorized signature)
A T T A C H M E N T
Phase Schedule & Payment
Phases and payment amounts per phase are detailed within this attachment.
Web Design Your Business™
call 1-866-858-6387
email: webmaster from studio9_ws
Al Toman
studio9 web design
436 Woodland Dr
Swansboro, NC 28584
1-919-341-4128
webmaster from studio9_ws